DETAILED ACTION
Notice of AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election
Claims #18-20 are withdrawn (and canceled by Applicant) from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention/species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on April 20, 2026.
Claims #1-17, 21-23 are under examination in the present Office Action.
Specifications
The title is objected to because a more descriptive title is requested.
Claim Rejections 35 U.S.C. § 102(a)(1)
The following is a quotation of the appropriate paragraphs of 35 U.S.C. § 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, and 6 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Kim et al. (U.S. Patent Publication No. 2021/0327876 A1), hereafter “Kim”.
As to claim 1, Kim teaches:
A substrate 100. See Kim, FIG. 2.
An active region (AP1+AP2) on the substrate.
A gate structure GS1_1(GS1), a source conductor 150_2, and a drain conductor 150_1 disposed on the active region, wherein: the semiconductor device further comprises a first type doped region AP1 of the active region below the gate structure and a second type doped region AP2 of the active region adjacent to the first type doped region, and the first type doped region is different from the second type doped region. The Examiner notes that claim 1 does not specify how the first and second type doped regions are different from each other. Here, Kim teaches the first and second type doped regions formed at different locations.
A first dummy gate structure CDGS1(DGS1) disposed on the second type doped region AP2 and a second dummy gate structure CDGS2(DGS2) disposed on the second type doped region AP2, wherein the first dummy gate structure is disposed between the second dummy gate structure and the source conductor 150_2. The Examiner notes the claim as written does not require the first dummy gate structure to be formed directly on the second type doped region AP2. The Examiner interprets “on” as merely requiring proximity wherein intermediate layers/structures may be present therebetween. Here, Kim teaches the first dummy gate structure disposed on the second type doped region AP2 via intermediate layer 105.
As to claim 2, Kim teaches a third dummy gate structure DGS3 disposed on, but not directly on, the second type doped region.
As to claim 6, Kim teaches in a cross-sectional view, lateral edges of the first dummy gate structure and second dummy gate structure are located outside the active region, i.e. formed in the intervening space over 105. Id. If the edges are located outside the active region in the cross-sectional view, then they must also be located outside the active region in a top view.
Claim Rejections - 35 U.S.C. § 103
The following is a quotation of 35 U.S.C. § 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. § 102(b)(2)(C) for any potential 35 U.S.C. § 102(a)(2) prior art against the later invention.
Claims 7 and 8 are rejected under 35 U.S.C. § 103 as being unpatentable over Kim as applied to claim 1.
As to claim 7, Kim does not teach a length of the source conductor is respectively shorter than a length of the first dummy gate structure and a length of the second dummy gate structure.
On the other hand, shape, size, and dimension differences are considered obvious design choices and are not patentable unless unobvious or unexpected results are obtained from these changes. It appears that these changes produce no functional differences and therefore would have been obvious. Note In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
As to claim 8, Kim teaches a connection element 170 disposed on the active region, wherein the connection element comprises a first portion (part of 170 formed below 193 and directly contacting 150_1), a second portion (middle part of 170 formed under 197), and a third portion 197, wherein the first portion is disposed between the second dummy gate structure and the third dummy gate structure. See Kim, FIG. 2, FIG. 3.
Claims Allowable If Rewritten in Independent Form
Claims 3-5 and 9-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As to claim 3, Kim teaches a fourth dummy gate structure DGS4 but does not specify its location to between the third dummy gate structure and the gate structure.
As to claim 9, Kim teaches interconnected first, second, and third portions but does not teach the third portion disposed between the fourth dummy gate structure and the gate structure.
As to claim 11, Kim does not teach an edge of the drain conductor located outside the active region, and an edge of the gate structure located outside the active region.
Indication of Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: claims 12-17, 21-23 are indicated as being allowable because Kim does not teach “a first dummy gate structure disposed between the first gate structure and the source conductor” (claim 12) and “a first dummy gate structure disposed between the first gate structure and the source conductor…and the first type doped region is different from the second type doped region” (claim 21).
As to claims 12 and 21, Kim does not teach “a first dummy gate structure disposed between the first gate structure and the source conductor” because Kim’s first dummy gate DGS1 is located outside of the source/drain conductors 150_2 or 250_1 and a first gate structure (GS1 or GS2).
Additionally as to claim 21, Kim does not teach “and the first type doped region is different from the second type doped region” because Kim teaches the first type doped region AP1 and a second type doped region AP2 has a same doping type as a third type doped region. See Kim, ¶¶ [0038], [0041].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUBERR CHI whose telephone number is (571)270-3955. The examiner can normally be reached 10am to 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sue Purvis can be reached on (571) 272-1236. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUBERR L CHI/Primary Examiner, Art Unit 2893
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